- Emergency Planning and Community Right-to-Know
- Oil Pollution Prevention
- Release Notification (EPCRA 304/CERCLA 103)
- Risk Management Program
Tier II Chemical Inventory Reporting (EPCRA 312)
- EPCRA section 311(e)(3) exempts from the definition of hazardous chemical any substance to the extent is used for personal, family, or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public (40 CFR 370.13(c)(1)). Does this exemption apply to forklift batteries?
- Facilities subject to EPCRA §§311 and 312 must submit a material safety data sheet (MSDS) and an inventory form annually to the state emergency response commission (SERC), local emergency planning committee (LEPC), and local fire department. Are there federal recordkeeping requirements for facilities subject to EPCRA §§311 and 312?
- Facilities that have threshold amounts of hazardous chemicals are required to submit an MSDS for each hazardous chemical and Tier II information annually to their SERC, LEPC, and local fire department (40 CFR 370.10(a)). Are there any requirements to update or correct MSDS reporting or a Tier II report if the facility discovers new information?
- Pursuant to EPCRA Section 312, facilities must submit by March 1st every year Tier II inventory information regarding any hazardous chemical present at their facility at any time during the previous calendar year in an amount equal to or in excess of its threshold level (40 CFR 370.40). Can facilities submit this information electronically?
- Pursuant to EPCRA section 312, facilities must submit Tier II inventory information by March 1st every year. The owner or operator or the officially designated representative of the owner or operator must submit a certification statement containing an original signature that all information included in the submission is true, accurate, and complete (40 CFR 370.42). If a facility is reporting electronically, e.g., by using Tier2 Submit, how can they fulfill this original signature requirement?
- Should the reducing factor of 0.2 for applying the emergency planning notification threshold planning quantities (TPQs) for non-reactive solid extremely hazardous substances (EHSs) in solution also be used when applying the reporting thresholds for MSDS Reporting under section 311 and Hazardous Chemical Inventory reporting under section 312 of EPCRA (40 CFR 370)?